The 1999 Constitution

Section 210 (1)

Subject to the provisions of subsection (2) of this section, the right of a person in the public service of a
State to receive pension or gratuity shall be regulated by law.

(Based on the conditions set out in sub section 2 of this section 210, people who are employed in the public service of a state will receive pension or gratuity but should be regulated by law.)

Section 210 (2)

Any benefit to which a person is entitled in accordance with or under such law as is referred to in subsection (1) of this section shall not be withheld or altered to his disadvantage except to such extent as is permissible under any law, including the Code of Conduct.

(The sum/amount due to a pensioner shall not be tampered with in anyway either by preventing the person from collecting it or changing the sum in a way that would cause a disadvantage to the pensioner except as provided for under any law including the code of conduct.)

Section 210 (3)

Pensions shall be reviewed every five years or together with any state civil service salary reviews, whichever is earlier.

(Pensions are to be reviewed every 5 years or whenever the salary of the State civil service is reviewed or whichever comes first i.e. if before the 5 year period is due, salary of the State Civil Service is being reviewed then the Pension should be reviewed together with the State Civil Service.)

Section 210 (4)

Pensions in respect of service in the service of a State shall not be taxed.

(Pensions that concern service in the service of a State i.e. Public and Civil Service are not supposed to be taxed.)

Section 211 (1)

The Attorney General of a state shall have power;

(The following are the powers of the Attorney General of a State in Nigeria; )

Section 211 (1)(a)

to institute and undertake criminal proceedings against any person before any court of law in Nigeria other than a court-martial in respect of any offence created by or under any law of the House of Assembly;

(The Attorney General of a state has the power to start any criminal proceedings at any court of law in Nigeria except a court martial i.e. military court, which concerns an offence that has been created by any law made by the House of Assembly.)

Section 211 (1)(b)

to take over and continue any such criminal proceedings that may have been instituted by any other authority or person; and

(The Attorney General of a state can take over and continue criminal proceedings in any criminal matter regardless of whether or not such criminal proceeding was started by him.)

Section 211 (1)(c)

to discontinue at any stage before judgement is delivered any such criminal proceedings instituted or
undertaken by him or any other authority or person.

(The Attorney General of a State has the power to also discontinue any criminal matter at any stage before judgment has been given in matters that were and/or were not instituted by his office.)

(Kindly note that the powers of the Attorney General of a State mentioned in these sub sections are limited to the State in which the Attorney General has power over. example, the Attorney General of Anambra State cannot exercise such powers in Kano State and vice versa.)

Section 211 (2)

The powers conferred upon the Attorney-General of a state under subsection 1 of this section may be
exercised by him in person or through officers of his department.

(The Attorney General of a State can exercise the powers conferred to him in 1(a)-(c) personally or he can delegate i.e. send/ assign such powers to members of his office to do so.)

Section 211 (3)

In exercising his powers under this section, the attorney-General of a state shall have regard to the public
interest, the interest of justice and the need to prevent abuse of legal process.

(When an Attorney General of a State is acting in his official capacity as the Attorney General, he must do so while considering three thing;

1. Public Interest – How it will affect the general public as a whole;

2. The interest of justice – Will it ensure that justice has been served in the true sense of the word by exercising his power;

3. Need to prevent abuse of legal process – Will exercising his power be seen as an abuse of power or legal process in any way?

If it fails any of the above, then the Attorney General of a State shouldn’t exercise his power when it concerns a criminal proceeding he may have interest in.)

Section 212 (1)

The Governor may –

(The Governor of a State has the power to do the following; )

Section 212 (1)(a)

Grant any person concerned with or convicted of any offence created by any law of a state a pardon, either free or subject to lawful conditions;

(The Governor of a State has the power to grant someone who is connected with or convicted of an offence which has been created by the law of a state pardon i.e. an expression of the Governor’s forgiveness, and this may be given either freely or may be given after fulfilling some conditions that are lawful.)

Section 212 (1)(b)

grant to any person a respite, of the execution of any punishment imposed on that person for such an offence;

(The Governor of a State has the power to grant respite i.e. a delay in the imposition of sentence but in no way modifies a sentence or addresses questions of due process, guilt or innocence, from carrying out a punishment which has been given to a person for an offence.)

Section 212 (1)(c)

substitute a less severe form of punishment for any person for such an offence; or

(The Governor also has the power to grant a less harsh form of punishment for a person who has been convicted for an offence.)

Section 212 (1)(d)

remit the whole or any part of punishment for any punishment imposed on that person for such any offence or of any penalty forfeiture otherwise due to the state on account of such an offence

(The Governor has the power to cancel either whole or any part of any punishment which has been given to a person for committing an offence or any penalty forfeiture i.e. cancel penalties which is due to the State because of the offence committed by such person.)

Section 212 (2)

The powers of the governor under subsection (1) of this section shall be exercised by him after consultation with such advisory council of the state on prerogative of mercy as may be established by law of the State.

(In as much as the Governor has the power to grant pardons under sub section 1 of this section, the Governor must first consult with an Advisory Council of the State that handles prerogative of mercy i.e. granting pardons, which has been created by law.)

Compare with that of the Federation.